Ex Parte Cockfield Middleton & Co. v. Cockfield
Supreme Court of South Carolina
Before Rice, J., Williamsburg, 1921. Suit by Middleton & Co. against H. W. Cockfield and others, in which the named defendant filed a petition claiming to be subrogated against the plaintiff as to the proceeds of a sale of land under foreclosure. From an order dismissing the petition such defendant appeals. Affirmed.
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Before Rice, J., Williamsburg, 1921. Suit by Middleton & Co. against H. W. Cockfield and others, in which the named defendant filed a petition claiming to be subrogated against the plaintiff as to the proceeds of a sale of land under foreclosure. From an order dismissing the petition such defendant appeals. Affirmed. The order appealed from was as follows': This matter comes before me on a petition of H. W. Cock-field for an order directing H. O. Britton, clerk of Court for said county, to pay over to the petitioner certain funds in the hands of said clerk heretofore to be paid to the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
The facts of this case are quite complicated, and the difficulty of readily comprehending them is increased by the number of parties of the same name connected with the transaction. J. A. Cockfield is the father of the petitioner, H. W. Cockfield, and also of S. R. Cockfield. To render the statement of facts more readily understood we will refer to them as the father, the petitioner, and the brother.
The father was the owner of a tract of land; on January 16, 1913, he mortgaged it to Farmers’ & Merchants’ Bank to secure his note for…
2Cases cited1 opinion
- Middleton v. CockfieldSupreme Court of South Carolina · 1920